Filed by the defendant against the plaintiff in

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Unformatted text preview: the original complaint. A
cross-claim is against a co-Plaintiff or
co-Defendant.
co-Defendant.
CounterClaim P D1
VS. D2 Cross
-Claim Pleadings
Pleadings
q Motion for Judgment on Pleadings. q Motion for Summary Judgment. 2nd Stage:
Discovery
Discovery is the process by which
parties obtain information from the
opposing party prior to trial.
opposing Discovery
Discovery
q Automatic (1993)


 Scheduled disclosures
Ongoing duty to supplement or correct
Compulsory meeting to discuss &
Compulsory
develop discovery plan
develop q Deposition q Interrogatories Discovery (continued)
(continued)
q Request for production of documents
Request
& things & entry upon land
things q Motion for order for physical or
Motion
mental exam
mental q Request for admissions The Trial
The
q Bench Trial (no jury). q Jury Selection.
q Voire Dire. q Challenges/Pick the Jury. q Impanel Jury.
Impanel q Alternate Jurors. The Trial
The
q Opening Statements. q Plaintiff’s Case--Evidence:
q Witnesses- Direct examination vs. Cross
WitnessesX.
X. q Party may cast doubt on the testimony or
Party
credibility of opposing witness or impeach
it by showing prior inconsistent statements
and/or Perjury.
and/or Redirect Examination
Redirect
q By party who called witness q After cross-examination q To minimize damage done on
To
cross-exam
cross-exam Motion for Judgment as Matter of Law
Motion
(a/k/a Directed Verdict)
q At anytime after party has been fully
At
heard
heard q Opposing party has not presented
Opposing
sufficient evidence
sufficient q If granted, effectively takes case away
If
from jury
from The Trial
The
q Defendant’s Case.
Defendant’s q Closing Arguments. q Jury Instructions and Deliberations. The Trial
The
The Defendant will “object” to
Plaintiff’s evidence and the judge will
rule on each objection. If the judge
“overrules” the objection, the evidence
is admitted for the jury to consider. If
the judge “sustains” the objection, the
evidence is not admitted into the trial. “Objection sustained!” The Trial
The
q Verdict.
q Civil Cases—generally, burden of proof is by
Civil
“preponderance” of the evidence and a majority
of jurors must agree on verdict. If not, then
mistrial/ hung jury.
mistrial/ q Possible burden – “clear & convincing”
Possible
evidence
evidence q Judgment is the Court’s acceptance and
Judgment
recording of the jury’s verdict. § 5: Post Trial Motions
Post
q Once the trial is concluded, a dissatisfied party
Once
may:
may:
q File a Motion for a New Trial. q Ask that the judge enter a judgment contrary
Ask
to the verdict (JNOV) rendered by the jury.
to Basis for Judgment N.O.V.
Basis
Evidence is so clear that
Evidence
reasonable people could
not differ as to outcome
of the case.
of Possible Bases for New Trial
Possible
q Jury was in error q Prejudicial error by judge q Newly discovered evidence q Misconduct by judge, jury, lawyer §7: Enforcing the Judgment
Enforcing
q Once a judgment becomes final (i.e.,
Once
subject to no further judicial review)
the defendant is legally required to
comply with its terms.
comply q Defendants who will not voluntarily
Defendants
comply with a judgment can be
compelled to do so by seizure and sale
of the Defendant’s assets.
of Usual Garnishee
Usual
q Employer q Bank q Obligor on accounts receivable Other Post Judgment Remedies
Other
q Contempt q Suit to have foreign judgment made
Suit
executory
executory
 Under full faith & credit clause §6: The Appeal
§6:
q A party may appeal the jury’s verdict or any
party
legal issue, motion or court ruling during the
trial.
trial. q The party filing the appeal (Appellant) files a
The
brief that contains a short statement of the facts,
issues, rulings by the trial court, grounds to
reverse the judgment, applicable law and
arguments on Appellant’s behalf.
arguments Bases for Appeal
Bases
Errors of Law:
q Erroneous Evidentiary Ruling q Erroneous Jury Instruction q Erroneous Ruling on Motion q Error of fact that is so clear, can be
Error
considered error of law
considered Possible Outcomes of Appeal
Possible
q Affirm trial court q Reverse trial court
  AND
AND
Amend (change the judgment)
OR
OR
Remand (send case back to trial court)...
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